Foley v. McDonnell
Washington Supreme Court
Appeal from a judgment of the superior court for Clarke county, McCredie, J., entered March 16, 1907, in favor of the defendant, upon sustaining a demurrer to the complaint, dismissing an action against an executrix to enforce a trust for the benefit of creditors.
1Opinion of the CourtMount, J.
The lower court sustained a demurrer to the complaint in this case. Plaintiff refused to amend, and an order of dismissal was entered. Plaintiff appeals from that order.
The complaint in substance alleges, that on April 21, 1896, plaintiff obtained a judgment against Columbus McDonnell for the sum of $958.62, besides attorney’s fees and costs, upon a promissory note; that said judgment was obtained in the state of Oregon, after personal service upon said Columbus McDonnell; that subsequently execution was issued in Oregon and returned nulla bona; that at the time said judgment was rendered the…
2Cases cited2 opinions
- Moore v. KirkmanWashington Supreme Court · 1898
- McFarland v. FairlambWashington Supreme Court · 1898
3Cited by5 opinions
- Ward v. MagahaWashington Supreme Court · 1913
- First Security & Loan Co. v. EnglehartWashington Supreme Court · 1919
- Delfelder v. Farmers' State Bank of RivertonWyoming Supreme Court · 1928
- Peoples National Bank v. LivingstonCourt of Appeals of Washington · 1973
- Guye v. GuyeWashington Supreme Court · 1911